A meeting of the joint Government Operations, Judiciary, Law Enforcement and Criminal Justice Evaluation subcommittee today split between Senate and House members on whether to continue the Judicial Selection Commission and Judicial Evaluation Commission. The committee has no legislative jurisdiction and only makes recommendations to the standing Government Operations Committees.

House members recommended to the House committee that the commissions continue for another four years, while Senate members recommended to the Senate Committee that the commissions terminate. The commissions are essential elements of the Tennessee Plan for merit selection, evaluation and retention. Action, which could come as early as next week, will now shift to the full committees in each house. Sens. Dewayne Bunch and Bo Watson voted to recommend termination while Reps. Gary Rowe, Barbara Cooper and Mike Kernell voted to continue the groups.

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This is a medical malpractice action in which the jury found in favor of Defendant hospital. Plaintiff asserts Defendant's expert was not qualified under Tennessee Code Annotated Section 29-26-115(a)(1), and that the matter accordingly should be remanded for a new trial. We reverse the trial court's order denying Plaintiff's motion for new trial, vacate the judgment on jury verdict, and remand for a new trial.

The Trial Court held there was clear and convincing evidence of statutory grounds to terminate the parental rights of Jeremy Blacketer, as well as clear and convincing evidence that termination was in the child's best interest. We find the State failed to prove statutory grounds for termination.

This appeal involves a custody and visitation dispute arising more than a decade after the parents were divorced. The original divorce decree provided that the three children, then between two and seven years of age, would reside with their mother during the school year and with their father during the summer. Because of the children's growing dissatisfaction with this arrangement, their mother filed a petition in the Circuit Court for Davidson County requesting that the length of the father's summer visitation be reduced. The trial court dismissed the petition at the close of the mother's case on the ground that she had failed to prove a material change in circumstances that would warrant a revision of the custody arrangement. The mother appealed. We have determined that the changing needs of the children related to their growing older constitute a material change in circumstances. Accordingly, we reverse the dismissal of the mother's petition and remand the case for further proceedings consistent with this decision.

This appeal involves a contractual dispute between two music publishing companies. After prior litigation in Tennessee and Pennsylvania, one of the companies filed a third law suit in the Chancery Court for Davidson County seeking damages and injunctive relief. At the plaintiff's request, the trial court set an early trial date because the parties had already conducted extensive discovery in the earlier proceedings. The trial court heard the case without a jury and awarded a judgment to the plaintiff. In this appeal, the defendant asserts that the trial court's decision to expedite the trial interfered with its opportunity to prepare and file an answer, to prepare for trial, and to request a jury. We affirm the judgment because the defendant has failed to demonstrate that it was prejudiced by the expedited trial schedule.

Teresa Reall Ricks and J. Russell Farrar, Nashville, Tennessee, for the appellee, City of Pulaski.

Judge: CAIN

Employee filed an action against the City of Pulaski, the mayor of Pulaski, and Public Works Committee members, alleging a violation of the Tennessee Public Protection Act, a violation of the Public Employee Political Freedom Act, negligence under the Government Tort Liability Act, and common law retaliation, after employee was allegedly terminated for insubordination. Defendants filed a motion for summary judgment which the court granted, dismissing all of Plaintiff's claims. Plaintiff appeals the dismissal of his claims against the City. We affirm the decision of the trial court in all respects.

This appeal arises from a dispute between a homeowner and a contractor concerning an expansion and remodeling of the homeowner's residence. When the project was only 30% complete, the homeowner fired the contractor, following which each party sued alleging breach of contract and a myriad of other claims. Following a bench trial, the trial court found the Construction Management Agreement the parties entered into was not enforceable because the parties never had a meeting of the minds. Accordingly, it dismissed the parties' respective breach of contract claims. Each party appeals contending the agreement is enforceable and that each is entitled to damages. We have concluded the Agreement constitutes an enforceable contract because it sufficiently identifies the scope of the work and the price of the work, which was an agreed budget of $175,000 with a management fee of "Cost Plus 17%." We also find the contractor is entitled to damages for breach of contract.

Robert E. Cooper, Jr., Attorney General and Reporter; and Elizabeth C. Driver, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children's Services.

Judge: CLEMENT

Father of a two year old child appeals the termination of his parental rights, contending the Department of Children's Services failed to prove by clear and convincing evidence that it made reasonable efforts at reunification. Two weeks after the Department took custody of the child, it developed a permanency plan, the goal of which was reunification with the father. Shortly thereafter, the Department assigned the case to Residential Services, Inc., a private social services agency, to which it delegated its responsibilities relative to the plan for reunification, including assisting the father with drug rehabilitation, employment, and housing. Although a social services case manager with the Department continued to monitor the file, all services rendered for and communications with the father were performed by and through RSI's employees. Eighteen months later, the Department filed a petition to terminate of the parental rights of the father, which the trial court granted following a trial. We have concluded that the scant evidence in the record relative to services rendered by RSI is insufficient to prove by clear and convincing evidence that reasonable efforts were made to reunify the father with the child. Accordingly, we vacate the judgment and remand for further proceedings.

This appeal involves the authority of the Tennessee Board of Medical Examiners to review the medical records of a physician's patients. After the Board requested access to his patients' records in accordance with Tenn. Code Ann. Section 63-1-117 (2004), the physician filed a declaratory judgment action in the Chancery Court for Davidson County challenging the constitutionality of the statute. The physician asserted that the statutory procedure for gaining access to medical records amounted to an unreasonable search and seizure because it failed to provide him with pre-enforcement judicial review of the reasonableness of the Board's request. He also claimed that the statute's notice provisions violated due process. Both the physician and the Board filed motions for summary judgment. The trial court concluded that the physician received adequate notice of the purpose of the request for medical records. It also determined that Tenn. Code Ann. Section 63-1-117(a)(3), the portion of the statute authorizing disciplinary sanctions against physicians who willfully fail to produce requested records, was unconstitutional and awarded the physician $20,916 in attorney's fees. The Board perfected this appeal. We concur with the trial court's conclusion that the physician received adequate notice of the reasons for the request for medical records. However, we have determined that physicians in Tennessee have no reasonable expectation that they can shield their patients' records from the Board's regulatory oversight and that the Board may discipline physicians who willfully refuse to comply with lawful requests for patient records that comply with Tenn. Code Ann. Section 63-1-117.

This is an appeal of the trial court's termination of the parental rights of W.F. and T.F. to their four minor children upon finding by clear and convincing evidence that grounds for termination existed and that termination was in the children's best interest. On appeal, the parents argue that there was insufficient proof of the statutory grounds for termination. Upon our determination that there was clear and convincing evidence both of the parents' substantial noncompliance with the permanency plan entered into in this case and of T.F.'s mental incompetence, we affirm the judgment of the trial court.

Trial court dismissed action by worker's compensation lienholder against employee's attorney seeking to hold employee's Tennessee attorney liable for disbursement of proceeds from third party settlement made by another out-of-state attorney. We affirm.

The plaintiff appeals the summary dismissal of her legal malpractice action against the attorneys who represented her in a custody and divorce action. The plaintiff contends they committed malpractice by mishandling the custody matter and by withdrawing as her counsel after the custody hearing but before the resolution of the financial matters involved in the divorce. The trial court held the plaintiff's action was barred by the statute of limitations. We affirm.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Robert McGuire, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Levi Battle, III, was indicted by a Davidson County grand jury for possession with the intent to sell or deliver 300 grams or more of a substance containing cocaine, a Class A felony. The Defendant filed a motion to suppress the evidence, which the trial court denied. Thereafter, the Defendant was convicted by a jury for possession of twenty-six grams or more of cocaine with the intent to sell or deliver, a Class B felony. The Defendant was sentenced as a career offender to thirty years in the Department of Correction. The Defendant's sole issue on appeal is whether the trial court erred in denying his motion to suppress. We conclude that the trial court properly denied the motion to suppress and affirm the judgment of the trial court.

Robert E. Cooper, Jr., Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Jeff Burks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Keith Lemont Farmer, pled guilty in the Davidson County Criminal Court to robbery, possession of a weapon on school property, and assault. The plea agreement provided that the appellant would receive a total effective sentence of seven years with the manner of service to be determined by the trial court. On appeal, the appellant contests the trial court's failure to grant full probation. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, William Marshall Coady Ferguson, was indicted by a Bedford County grand jury on three counts of burglary, three counts of theft, and three counts of vandalism. The charges arose from the Defendant's entry into a laundromat during regular business hours and his subsequent stealing of money from video game machines and a soap dispenser on three separate occasions. The Defendant pled guilty to three counts of theft and three counts of vandalism. Following a jury trial, the Defendant was also convicted of three counts of burglary. The Defendant was sentenced as a Range I, standard offender to serve an effective sentence of ten years and six months. On appeal, the Defendant asserts that the evidence is insufficient to support his three burglary convictions because he had the effective consent of the owners to enter the building. We conclude that the evidence was insufficient to support the three convictions of burglary beyond a reasonable doubt. Therefore, the judgment of the Bedford County Circuit Court is reversed, and the three burglary charges are dismissed.

The petitioner, Quinn L. Hamilton, was convicted of possession with intent to sell or deliver .5 grams or more of cocaine and received a sentence of fifteen years. Subsequently, he was granted a delayed appeal by the post-conviction court. In this delayed appeal, the petitioner argues: (1) that the post-conviction court properly granted the delayed appeal; and (2) that his original motion to suppress evidence should have been granted because he was subjected to an unlawful seizure by law enforcement. Following careful review of the record and the parties' briefs, we reverse the denial of the petitioner's motion to suppress and vacate his conviction and sentence.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Ronnie Lee Johns, appeals from the judgment of the Rutherford County Circuit Court revoking his probation and ordering that his eight-year sentence be served in the Department of Correction. On appeal, the Defendant raises a single issue for our review: whether the trial court erred by refusing his request for a transcript of a prior proceeding in his case. We find no error or abuse of discretion in the trial court's denial of the transcript. The judgment is affirmed.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; W. Michael McCown, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

In this consolidated appeal, the Appellants, Maurice Leonard and Kenneth Shondale Mason, appeal their convictions by a Bedford County jury. Following a joint trial, Leonard and Mason were convicted of aggravated burglary, attempted robbery, assault, and false imprisonment. As a result of these convictions, Leonard received an effective sentence of four years, as a Range I offender, and Mason received an effective sentence of sixteen years as a Range II offender. On appeal, Leonard and Mason each raise two issues for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the sentences imposed by the trial court are excessive. Following review, we affirm the judgments of conviction and resulting sentences.

Robert E. Cooper, Jr., Attorney General and Reporter; and Leslie E. Price, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Robert A. Payne, appeals the dismissal of his petition for a writ of habeas corpus, arguing that he is entitled to relief because his sentences were allegedly enhanced by prior, facially invalid judgments. Following our review, we affirm the habeas corpus court's order of dismissal.

The Supreme Court today rejected an appeal from Guantanamo detainees who want to challenge their five-year-long confinement in court, a victory for the Bush administration's legal strategy in its fight against terrorism.

The commission authorized last year to help improve civic education in Tennessee schools held its organizational session today. The TBA backed the creation of the commission because of its deep and abiding interest in law-related and civics education in Tennessee. Among the commission members is TBA Immediate Past President Bill Haltom, who currently serves as head of the Tennessee Legal Community Foundation.

NashvillePost.com reports today that Bass Berry & Sims PLC is implementing a $10,000 increase in salaries for new associate lawyers, to $110,000, with proportional increases for other associates.
Keith Simmons, managing partner and chair of the firm's management committee, confirmed the increase, which he said is effective May 1.

After eight hours of deliberation, a Davidson County jury this morning found a lawyer accused of fatally shooting her husband not guilty.
The jury returned the verdict in favor of Hope Mercer, 34, who was facing second-degree murder charges in the shooting death of Nashville attorney Joseph Mercer.

Sunday the White House asked Senate Democrats to move up the appearance of Attorney General Alberto Gonzales before the Senate Judiciary Committee, saying the longer it drags out the more damage will be done to federal law-enforcement operations. But committee chairman, Sen. Patrick Leahy, D-Vt., said Gonzales had been offered earlier dates but turned them down. It was Gonzales who chose April 17, Leahy said, and that date will not change now.

A 17-year-old who confessed to murdering a Tennessee state trooper has requested new public defenders because the ones assigned to him would not involve the boy's "jailhouse lawyer" in his defense. After hearing from Alejandro Chevo Gauna and District Public Defender Gary Antrican, the judge said he heard nothing that justified replacing the lawyers.
"What you need to do is let your attorneys do their jobs," Walker said.

Hamilton County officials visited Knox County's judicial commissioners system last week to get ideas and study number, salary and hours of magistrates.
"We took the cheap way out," Hamilton County Commissioner Curtis Adams said after the tour. He said the workspace the magistrates operate out of in the Hamilton County Jail feels like a priest's confessional, and the magistrates don't appear "judicial."

In an editorial, the Tennessean denounces a proposal in the legislature that would allow law enforcement officers in Tennessee to collect DNA samples from anyone who is arrested on violent felony charges and check them against evidence from other crimes. The paper says the way the database would be linked to private crime labs would create a "crazy quilt" of laws that could risk privacy rights and opens up law enforcement agencies to error.

A group conflict resolution conference at Vanderbilt University Law School last weekend explored various aspects of apology, forgiveness and reconciliation and their relationship to group conflict and the criminal justice system.
The Rev. Nelson Johnson, a speaker at the conference, was among those injured in the 1979 Greensboro Massacre, when five labor organizers were gunned down by Ku Klux Klansmen and members of the American Nazi Party at an anti-Klan march in Greensboro, N.C.

A lien has been placed on the home of Williamson County Sheriff Ricky Headley as an attempt to collect state taxes on thousands of prescription pills he is accused of obtaining illegally, the sheriff's attorney said Saturday. Headley was arrested Jan. 31, accused of illegally getting thousands of Lortab, a powerful painkiller, from a Nashville pharmacy. He returned to work at the sheriff's department in early March after a stint in a drug rehabilitation program. He is to appear in court for a preliminary hearing later this month.

Judges and jails are needed in Iraq, Major General Walt Gaskin, the commander of coalition forces in western Iraq, says. Foreign and al-Qaida fighters need to be dealt with legally and put away for a long time, he says, "but there just isn't the capacity for that right now."

For the third year in a row, Baker, Donelson, Bearman, Caldwell & Berkowitz PC has been named among the "Top 100 Law Firms for Diversity" by MultiCultural Law, a magazine focused on diversity in the legal profession.

Last year, 43-year-old Lori Schroeder made a drastic career switch from lawyer to actress.
"I hated it," she says of practicing law. "I was a juvenile court referee for the last two years (of her law career)," Schroeder says. "I listened to child abuse cases all day and burned out basically."
Now she stars in "Menopause: The Musical," which will be at Knoxville's Bijou Theatre April 3 and 4.

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